Opinion
June 16, 2000.
Order entered June 14, 1999 (Lucy Billings, J.) reversed, with $10 costs, motion granted, and complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.
Ahmuty, Demers McManus, Albertson (Joseph A. Oliva of counsel), for appellant.
Michael D. Hess, Corporation Counsel (Larry A. Sonnenshein and Kathleen Alberton of counsel), for City of New York and another, respondent.
PRESENT: HON. STANLEY PARNESS, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, JUSTICES.
The hazard to which plaintiff attributes her fall and injury, an uneven and "uplift[ed]" exterior step on premises owned by defendant-appellant, is not alleged or shown to constitute a defect violative of any specific statutory safety provision (see, Manning v. New York Tel. Co., 157 A.D.2d 264). No basis is shown, therefore, to impose liability upon defendant, an out-of-possession owner which had relinquished control over the premises years before the occurrence of plaintiff's injury (id.; Gomez v. Walton Realty Assocs., 258 A.D.2d 307).